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Officer not liable for shooting mental patient brandishing a knife

Charles Dawson was intoxicated and depressed and began breaking things in the home he shared with his wife.  In the process he injured himself, and his wife called police.  When they arrived, she ran out to warn them that he was going to push police to shoot him.  Moments later, Dawson picked up a knife, came out the front door, and approached the officers in a threatening manner.  One of the responding City of Taylor officers shot Dawson eight times.  The Personal Representative of his Estate sued the City and the officer, arguing that it was gross negligence to shoot Dawson repeatedly, causing his death.  The Court of Appeals dismissed the claim, arguing that no factual development would support the claim that the officer acted with "gross negligence" and therefore he and the City were immune for liability for Dawson's death.
Thompson O’Neil, P.C.
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Traverse City, Michigan 49684
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